Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-02-14
CITY AND DISTRICT.
LIKE MATTHEW'S CASE.
A Controversy Which President Jack.
son Had With the Senate.

LIKE MATTHEWS, CASE.
| A Controversy Which President Jack
SON Had With the Senate.
| A REJECTED NOMINEE COMMISSIONED DURING THE RE-
CESS-OBJECTION TO HIM BECAUSE HE WAS A NON
RESIDENT OF THE STATE TO WHICH HE WAS AP-
P0INTED-How THE NATTER WAS FINALLY CON-
PROMISED.
point person who has been twice rejected by the
Senate Is frequently raised In connection with the
case or j. c. Matthews, recorder of deeds OF the
District. BY some it is maintained that the Presi
| dent cannot reappoint Matthews, While Others
contend that there is no law nor rule to prevent
| reappointment.
President jackson had numerous tits with the
Senate on questions of appointments, and in one
| case, at least, he sent the ameof the same man
| back several times.
On the Sth OF December 1881, President Jackson
sent to the Senate the name of Samuel Given to be
register OF the land Office at Mount SaluS, Miss, to
| succeed Stockley d. Hays, deceased The vacancy
had occurred during the recess and Given was APP
pointed under the power Of the President to make
recess appointments.
NOT CITIZEN OF THE STATE.
The appointment had aroused some feeling as
Given, IL was Claimed, was not citizen OF the
state, and On the Sd OF February nine months prior
to the nomination OF Given, the Senate on motion
OF Mr. Poindexter, OF Mississippi adopted resou-
ZION declaring it 'inexpedient to appoint citizen
OF one state TO an Office which may be created or
become vacant in any other state Of the union
within which such citizen does not reside, without
some evident necessity for such appointment"
whether it was intended to apply to the case Of
Given, Which had not then arisen, Is not stated.
the resolution is printed in the journal of execu-
1--WE business under the head of proceedings relat-
ing 10 the nomination, rejection, denomination,
etc, OF samuel Given. Perhaps Senator Poin,
knowledge OF the Presidents intention to appoint
him. On the 22d OF December the Senate, by
vote OF % nays to 13 yeas, rejected the nomina-
ton of Given. On the 10th OF January, 1882,
senator Buckner offered resolution, declaring
agalnss e Ine appointment OF citizen OF one state
luton was laid on the table.
RESoM1NATED.
On the 18th OF June, 1882, the President renom-
| mated Given in the following message:
81 renominate Samuel Given to be register OF
the land office at Clinton, in the state of Mississippi
Is IN NJ MI lSen 10 thas once AGAIN 10
pliance with the request OF number Of the most
respectable citizens OF the state OF Mississippi and
state. The letters expressing this request are
herewith respectfully enclosed for the considera-
ton OF the Senate It will be perceived that they
Given Tor the Office, and evincea strong desire that
he should be continued in 1t.
Under these circumstances, and possessing my
self personal knowledge OF his integrity and fit
ness, and Of the claims which his faithful and
patriotic services give him upon the government
deem IL an act or justice to nominate him again,
not doubling that the Senate will embrace with
cheerfuness an opportunity, with fuller informa-
tlOn, TO reconsider their former vote upon his NOM
lnatlOn. ANDREW JACKSON"
LAID ON THE TABLE.
On the 10th OF July the nomination was laid on
The table and on the 18th of July motion OF Sen
ator Poindexter was adopted: "That the President
OF the United States be informed that it is not the
intention OF the Senate to take any proceedings in
the land Office at Mount Salus in Mississippi dur
Ing the present session."
NQUIRING INTO THE APPOINTMENT.
At the next ensuing session, on the 9th of De-
cember, 1892 resolution offered by Senator Poin-
dexter, Of Mississippi, was agreed to, which set
forth: ''That the President Of the United
States be requested to communicate to the Senate
copies OF the commission appointing Samuel Given
register OF the land Office at Mount SaluS, in the
sion APPOINTING said Given to ONCE in the
recess OF the Senate in 1892; and, also a CODY Of
the opinion OF the Attorney General OF the United
states In relation to the said last mentioned CON-
mission; and, also the opinions df any Of former
Attorney Generals in similar cases, and copies OF
the commissions which may have issued in like
cases Qf any under former administrations" In
response to the resolution On the nth Of Decem-
Der, the President transmitted the commissions
OF commissions issued In like cases by former ad-
miniStratiOnS The documents were ordered
printed Tor Inc use OF The Senate, but do not ap-
pear In the journal OF executive proceedings.
QUESTIONING THE PRESIDENTS AUTHORITY.
On Monday, December 31st, 1882, Mr.. Poindex-
ter submitted series of resolutions in relation to
the Presidents power OF appointment concerning
the Givin case, which set out: ''That the power
vested in the President to fill up vacancies which
may happen during the recess OF the Senate by
granting commissions, which shall expire at the
end OF their next session, cannot be extended be-
yOnd the limitation In the grant; and any vacancy
which man happen In the recess OF the Senate
Ing TO the constitution cannot under any circum-
stances be deemed and held new vacancy, hap
pening after session OF the Senate shall have in
tervened. That the appointment Of Samuel
Givin by commission bearing date the Sd day OF
October 1881, to be register OF the land Office at
Mount SaluS In the state OF Mississippi, to I'LL up
vacancy in that Office which happened in the re-
cess OF the Senate, was full and complete
sren the ne py the the
States in respect to that vacancy; and the
subsequent rejection by the Senate Of the nomina-
expire by the limitation therein expressed, which
could not be renewed In any other manner than
that pointed out in the Constitution 'by and with
the advice and consent OF the Senate that the
appointment by the President alone of Samuel
Given, by commission bearing date July 81, 1882,
to be register OF the land Office at Mount Salus,
and the state Of Mississippi to which office he had
been appointed in the preceding recess OF the
Senate, and his nomination rejected as aforesaid,
was palpable violation OF the Constitution OF
the United States and a dangerous usurpat1On OF
power, which, il sanctioned by the Senate, may,
at the will OF the President for she time being de-
pr1ve this body Of all participation In appoint
ments to Office under the government OF the
United States. That the Office OF register OF the
land Office at Mount SaluS, Miss, was not legally
and cOnStitutiOnally filled by the said last men
toned appointment OF Samuel Given, and that the
said office has been vacant since the adjournment
OF the Senate on the 10th day OF July, 1892 at
which time the commission Of said Given, granted
by the President in the recess OF the Senate in
1880, expired by its own limitation"
These resolutions were ordered printed for the
use OF the Senate.
AGAIN NOMINATED AND REJECTED
On the 22d ofFebruary following President jack
son sent the following message to the Senate:
1.-THE denomination OF Samuel Given to be register
of the land Office at Mount Salus, in the state OF
Mississippi, having been on the 10th of July last
laid upon the table or the Senate, with resolution
declaring that 1t was not the intention of the
Senate TO take any proceeding in regard to 1t
during that session, vacancy in the Office was
found existing In the recess which the public
service required to be filled and which was filled
by the appointment OF Samuel Given therefore
nominate the said Given to the same Office.
In addition 10 the papers which were transmitted
with his denomination at the last session have
received others from the most respectable sources
IN the state OF Mississippi bearing the fullest tes
t1mOny TO his ntneSS Tor the Office in question. OF
this character are the two now enclosed signed by
members OF the convention recently assembled TO
revise the constitution OF the state, and also by
many members OF its present legislature They
also show that the appointment OF Mr. Given
wOuld acceOtahlp' tn no